Loading...
1981F24- ESTABLISHING RENTALS TO BE PAID BY TELEGRAPH ORDINANCE NO. :i j- r - ;).i AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, ESTABLISHING RENTALS TO BE PAID BY TELEG~APH, SEWER TELEPHONE, ELECTRIC, WATER, GAS OR ANY FORM WHATSOEVER OF PUBLIC OR PRIVATE UTILITY ASSOCIATIONS, ORGANIZATIONS, COMPANIES OR CORPORATIONS, OR INDIVIDUAL OWNED OR OPERATED SERVICE PROVIDING UTILITIES OF ANY FORM WHATSOEVER, FOR THE PRIVILEGE OF USING THEIR POLES, WIRES, CABLES, CON- DUITS, PIPES, FIXTURES, OR ANY OTHER MEANS OF CONVEYANCE OF THEIR SERVICE, IN, OVER AND UNDER THE PUBLIC STREETS, AVENUES, ALLEYS, HIGHWAYS AND BOULEVARDS, EASEMENTS, PARKS AND PUBLIC GROUNDS WITHIN THE CITY OF SCHERTZ, TEXAS, AND WHEREVER THE CITY OF SCHERTZ HAS OR EVER SHALL HAVE JURISDICTION; PROVIDING PENALTIES FOR VIOLATIONS; REPEALING ORDINANCE NUMBER 7 OF THE CITY OF SCHERTZ; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1. That all persons, associations, organizations, companies, and corporations using or maintaining any telegraph, telephone, electric light or other poles, sewer, water or gas pipe lines, pipes and fixtures or any other means of conveyance of services in any of the public streets, avenues, alleys, highways and boulevards, parks and other public grounds of the corporate limits of the City of Schertz, Texas, and wherever the City of Schertz has or ever shall have jurisdiction, shall on the first day of February of each and every year file with the City Secretary a sworn report showing the gross receipts from the business conducted by such per- sons, associations, organizations, companies and corporations within the corporate limits of the City of Schertz, Texas, for the preceding year ending December 31st. SECTION 2. The City Council may when it deems necessary have the books and records of the person, association, organization, company or corporation rendering the statement required in Section 1 of this ordinance examined by a representative of the City to ascertain whether such statement is accurate, but nothing in this ordinance shall be construed to prevent the City from ascertaining the facts by any other method. SECTION 3. That upon the 1st day of February of each and every year, every person, association, organization, company or corporation occupy- ing or using the streets, highways, easements, boulevards, alleys, parks or other public places in the City of Schertz, Texas, with poles, pipes, wires, cables, other fixtures, or any other means of conveyance of services, shall as a condition to such further occupancy pay to the City annually for such privileges a rental fee equal to two (2%) percent of the gross receipts received by such person, association, organization, company or corporation from its business conducted in the corporate limits of the City of Schertz, Texas, for the preceding year, which sums shall be paid to the City of Schertz, Texas. SECTION 4. That upon receipt of the above rental fee by the City, the City Secretary shall deliver to the person, association, organization, company or corporation paying the same a receipt for such rental, which said receipt shall authorize such person, association, organization, company or corporation to use and occupy the streets, highways, easements, alleys, boulevards, parks and other public ways, of the city in carrying on its business for twelve (12) months from February 1st of such year. SECTION 5. That the rental fee for the privilege of using the streets, alleys, highways, easements, boulevards, and all other public places of the City of Schertz provided for in this ordinance is not charged as a tax but is made for the privilege now enjoyed and to be enjoyed by such persons, associations, organizations, companies and corporations of uSing the streets, easements, alleys, boulevards, highways and other public ways of the city in the conduct of their respective businesses; and such charges are additional to all ad valorem and franchise taxes and to all taxes of every nature whatsoever against the person, associations, organi- zations, companies, or corporations mentioned herein. SECTION 6. That nothing herein is intended to relieve any person, asso- ciation, organization, company or corporation of any condition, restriction or requirement imposed by any law or ordinance now in existence or ever shall be in existence of the said City of Schertz, Texas. SECTION 7. That this ordinance does not grant a franchise to any utility or person, association, organization, company or corporation to use the streets, highways, easements, boulevards, alleys and other public ways and shall never be so construed by the courts or otherwise, and the City reserves the right to cancel the privileges granted hereunder and refund the unearned rentals paid to the City. SECTION 8. That the City of Schertz hereby reserves the right to put into effect at any time other restrictions and regulations as to the erection, specifications and maintenance of poles, wires, cables, pipes, and other appurtenances in the streets, highways, boulevards, easements, alleys and other public ways of the said city and from time to time to require such poles, pipes, cables, wires and other property equipment and fixtures as it may deem proper to be removed and to require wires to be run in conduits on such terms as the city may deem proper. SECTION 9. That every person, association, organization, company and corpor- ation who shall operate any business without the payment of the rentals provided for herein shall be subject to a penalty not to exceed two hundred dollars ($200.00) for each and every day that such person, association, organization, company or corporation shall conduct such business using and occupying the streets, highways, boulevards, easements, alleys, or other public ways of the City of Schertz, without the payment of the said rentals which said sum may be recovered by the City of Schertz in a court of competent jurisdiction by a suit filed therein. SECTION 10. That every person, association, organization, company or corpor- ation and the local manager or agent of every such person, asso- ciation, organization, company or corporation failing or refusing to make the report required by Section 1 of this ordinance, or failing or refusing to allow the examination provided for in Section 2 of this ordinance may, upon conviction in the Municipal Court of the City of Schertz, Texas, be fined in any sum not to exceed two hundred dollars ($200.00) and every day failure or refusal, as mentioned in this Section, shall be deemed a separate offense. SECTION 11. The City fire marshal, building inspector, electrical inspector, plumbing inspection, City's police officers, and such other persons designated by the City, shall have the power and authority, and it shall be their duty to examine and inspect from time to time all telephone, telegraph, electric light or other poles, sewer, water and pipe lines, gas pipe lines, pipes and other fixtures and appurtenances in the public places within the city for the purpose of seeing that all of same are in a safe and suitable condition, and whenever any such item is found to be unsafe or unsuitable for the purpose for which it is used, the person using, possessing or maintaining same shall be notified and required to place same in a safe and suitable condition. SECTION 12. If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provisions thereof other than the part so decided to be invalid or unconstitutional. SECTION 13. That Ordinance Number 7, passed and approved by the City Council on December 18, 1958, establishing rentals to be'paid by telegraph, telephone, electric and gas companies for the privilege of using their poles, wires, conduits, pipes and fixtures on the streets, easements, and alleys and other public ways within the City of Schertz, TExas, is hereby repealed. SECTION 14. The public importance of this measure constitutes and creates an urgent public necessity requiring that this ordinance be passed and take effect as an emergency measure, and shall take effect and be in force immediately upon and after its passage. PASSED, APPROVED AND ADOPTED this the /~ day of 19 ~l ~~k ~ j X~ ~:MaYOr, , , exas ATTEST: L THE STATE OF TEXAS I COUNTY OF GUADALUPE I CITY OF SCHERTZ I On this, the L-- day of September. 1981 , at 7:00 o'clock P.M., the City Council of the City of Schertz, Texas, convened at a regular meeting at the regular meeting place in the Municipal Building of said City in the City of Schertz, Texas, which meeting was at all times open to the public, and at 'which meeting the following members were present, ~o-wit: Jack M. Stomackin, Sr. Richard L. Howe MAYOR Barbara Taylor Jeff Duffield COUNCILMEMBER COUNCILMEMBER Earl Sawyer Jacqueline Lawler COUNCILMEMBER COUNCILMEMBER COUNCIlMEMBER AND Jimmy G. Gilmore June G. Krause CITY SECRETARY CITY MANAGER There being a quorum present, the meeting was called to order by the Mayor; and, among other proceedings had were the following: The Mayor introduced the following captioned ordinance which was read in full by the City Manager. Councilmember Sawyer moved that said ordinance be considered by the Council as an ~mergency measure, which motion was seconded by Councilmember Howe . Whereupon said motion was fully discussed and considered. The Mayor put the motion to consider said ordinance as an emergency measure to the members of the City Council and said motion was approved and adopted by the following vote: AYES: Councilmembers Howe, Taylor, Duffield, Sawyer and Lawler NAYS: None. The Mayor then intDoduced the hereinafter set forth ordinance as an emergency measure. Thereupon it was moved by Councilmember Sawyer ...- .. -------- and seconded by Coundlmember Ilo\lt: that said ordinance be finally passed and adopted. The Mayor put the motion to a vote of the members of the City Council and the ordinance was finally passed and adopted by the following vote: AYES: NAYS: Councilmember Howe, Taylor, Duffield, Sawyer and Lawler None , I ~' .. .. ' 'Group" , ".-.'-".. ,",.,"'" <:-""-"-'..." ",.<;::' .:: ',':-'i',' i. " ", :-:-: .<':"'.. "',;.:' :'.':>:;...:<.~."':"':,:: -<',',.. ._, ,,' ", MAtH OHKf. l~R East I\Ifd P,O. 80:1: ~189 UnI\ref'sal (&tV. TsxQJ78148 (SI2) 658-7424 NOlImsioE..ilMtK.. lOI)N-_W~~,.IO Sort~CJl"lIC). fiPOI. 73113 (512) l49,1979 PUBLISHER'S Al-HDAVIT COUNTY OF BEXAR) STATE OF TEXAS) I, Therese A. Soares , aU1.hor1.zed represE;ntativE: of' thE; Herald Newspaper Group, do solemnly sIoIcar that the notic~, a printed copy of vhich is herc:to attached, vas publishc:(j onee a week for 1 consecutive veeks in the Northsidej Northt!astjNorthvest Herald, published at Universal City, Bexar County, Texas, on the f'olloving date$, to-~iL: September 10, A.D., 1981. Subscribed and slolorn to before ~h Dl)D, {] . ~IJO~ erald Ne'Jspaper Group me, iliiS..a::1.-.. day of ~ 194, ~lJf//~ri?L<.Mr~ Notary Public in and for Bexar County, Texas. Herold Publishing Company of Texas I SCHERTZ' ORDINANCE NO. 810}'O24 An ordinance by the cl. ty council of the City of Schertz. Texas, establishing rentals to be paid by telegraph. sewer, telephone, electric. water: gas or any form whatsoever of public or private utility associa- tions. organizations, companies or corpora- tions, or indivdually own- ed or operated service providing utilities of any form whatsoever, for the privilege of using their poles wires. cables, con- duits, pipe, fixtures, or any other means of con- veyance of their service, in. over and under the public streets, avenues, alleys, highways and boulevards, easements, parks and public grounds withinI' the City of Schertz. Texas, and wherever the City of Schertz has or ever shall have jurisdiction: pro. viding penalties for violations; repealing or- dinance number 7 of the City of Schertz; and declaring an emergency. Passed, approved and adopted the 1st day of September 1981. June G. Krause City Secretary